User Agreement

Amplifinity Terms of Use (United States Users Only)

THIS WWW.UREFER.COM WEBSITE ("SITE") IS OWNED AND OPERATED BY AMPLIFINITY, LLC, A MICHIGAN, LIMITED LIABILITY COMPANY ("AMPLIFINITY", "WE" OR "US"). THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN AMPLIFINITY AND YOU AND GOVERNS YOUR USE OF THIS SITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY ALL OF THEIR TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU SHOULD DISCONTINUE YOUR USE OF THIS SITE. IN ADDITION, WHEN USING A PARTICULAR SERVICE AND/OR ACCESSING CERTAIN MATERIALS ON OR THROUGH THIS SITE, YOU SHALL BE SUBJECT TO ANY POSTED TERMS OR RULES APPLICABLE TO SUCH SERVICES OR MATERIALS, WHICH ARE IN ADDITION TO THESE TERMS OF USE. ALL SUCH TERMS OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF USE, AND IF YOU DO NOT AGREE WITH THEM YOU SHOULD NOT USE THE SERVICE AND/OR MATERIALS.

Privacy Policy. The Privacy Policy contained on this Site is incorporated in these Terms of Use by reference, but these Terms of Use shall govern any conflict or inconsistency with such Privacy Policy. If you are under the age of 13 you may view the materials on this Site, but if you wish to enter into any transactions on or through this Site or otherwise participate in areas of this Site which require you to enter personal information, you may not do so without the consent of a parent or legal guardian.

Amendments to Terms of Use and Privacy Policy. Amplifinity reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy and/or any of its other policies relating to this Site, at any time in its sole discretion. Amplifinity shall notify you of such changes solely by posting the changes on this Site. You are responsible for regularly reviewing this Site and these Terms of Use regarding such changes. Continued use of this Site after any such changes have been posted shall constitute your agreement to them.

Materials and Services. Through this Site, Amplifinity may make available to you: (a) certain audio and visual resources, text, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through this Site (collectively, "Materials"); and (b) various services operated by Amplifinity, such as Amplifinity's web-based referral and connection services, tools and resources, chat rooms, bulletin boards and other services described in these Terms of Use and/or on this Site (collectively, "Services").

Restrictions; Removal. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in this Site; (b) modify, enhance, adapt, translate, or create derivative works of this Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell this Site; (d) decompile, disassemble or reverse engineer this Site; (e) reproduce or make copies of this Site; (f) "frame" or "mirror" this Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display this Site for any commercial or other money-making purpose. You acknowledge that certain elements of this Site are, or may in the future be, licensed to Amplifinity by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Amplifinity.

Ownership. Amplifinity and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to this Site, and all elements thereof. You neither have nor acquire any rights, title or interests in or to this Site, or any element thereof.

Marks and Logos. "Amplifinity", "uefer.com" and all other names, marks, symbols and logos used in connection with this Site are trademarks of Amplifinity or other third parties (the "Marks"). Amplifinity grants you no license, permission or authorization to reproduce or use any Marks, whether owned by Amplifinity or a third party. You agree not to display, copy, redistribute or use any Marks in any manner for any reason without Amplifinity's prior express written consent.

Registration and Participation.

7.1In order to become a Amplifinity registered user, you must first create an account on this Site. You must be at least eighteen (18) years of age. You may not register more than one account with Amplifinity at any time. To create an account you are required to provide the following contact information, as applicable: name, email address, country, ZIP/postal code, user name and choose a password.

7.2By registering, you represent and warrant to Amplifinity as follows: (a) you have carefully read these Terms of Use (including the applicable Privacy Policy and supplements, if any); (b) you fully understand that these Terms of Use create legally binding obligations on your part; and (c) these Terms of Use have been duly and validly accepted, executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. You further represent and warrant to, and covenant with, Amplifinity that the personal information concerning yourself or third parties which you may provide to Amplifinity under this User Agreement and through the referral tool is being disclosed to Amplifinity with the valid consent of the individuals to whom the Personal Information relates and that such disclosure will not violate any applicable laws, regulations or rules, or third-party rights including, without limitation, publicity, consumer, copyright, trademark, obscenity, defamation, privacy, data protection and anti-spam laws, regulations or rules and that you have obtained the valid consent of the individuals to whom the Personal Information relates for Amplifinity's subsequent use of such information for marketing purposes. You agree to defend, indemnify and hold harmless Amplifinity (and its parent companies, subsidiaries, affiliates, directors, officers, employees and agents) from and against any third-party claims, actions or demands (including, without limitation, costs, damages, reasonable legal and other fees, and the costs of responding to an external privacy investigation or audit) alleging, or resulting from, or in connection with, your misrepresentation under, or breach of, this User Agreement.

7.3As a user of Amplifinity's Services, you will also need to select a Amplifinity name and password. Your Amplifinity name and password will allow you to access and use this Site. In addition, your Amplifinity name will be used to identify you to other members of Amplifinity. For this reason, we suggest that you select a Amplifinity name that does not include any personally identifiable information. Keep your password in a secure place and do not allow any unauthorized persons to access your account using your email address, Amplifinity name or password. You are responsible for all activity that occurs under your user name, password and/or email address. You agree to immediately notify Amplifinity of any unauthorized use of your user name, password or email address or any other security breach. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. Amplifinity cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

7.4Once you are a registered user, you will be able to access and manage your account and communicate with other participants in the Amplifinity Services. In addition, you may provide additional information in the My Account Profile section describing your referral opportunities and contacts. Providing additional information beyond what is required at registration is entirely optional, but enables you to better utilize the Amplifinity application and network. Should Amplifinity suspect that such information is untrue, inaccurate, not current or incomplete, Amplifinity has the right to suspend or terminate your usage of this Site. Amplifinity is entitled to rely on the information you provide and you will be responsible for updating this information to maintain it as current. Amplifinity may, from time to time, set limits on how many referrals you may make in connection with a particular referral program or for any particular Amplifinity client. Currently, the limit is twenty-five (25) referrals for a particular referral program.

7.5In order to invite others to participate in Amplifinity managed referral opportunities, you will enter their names and email addresses. This information will be used by Amplifinity to send your referral opportunity a message that you write. The names and email addresses of people that you invite will be used only to send your opportunity and reminders. You agree that you will make no changes to any default text in any message that you write that is false or misleading. You further agree that you will not use this site or the Services to promote any products or services unaffiliated with Amplifinity, or to make any statement that is defamatory, threatening, obscene, indecent, patently offensive, violative of the proprietary rights of a third party, is otherwise unlawful or objectionable, or is breach of any privacy, data protection or anti-spam laws which may apply.

7.6You may also choose to manually enter or upload data about your contacts into the private "My Contacts" section of this Site. All information entered there will only be viewable by you and will not be searchable by others in the Amplifinity network without your permission.

7.7All information that you enter or upload about your contacts will be covered by the same terms of the Privacy Policy as cover your own identifiable information.

7.8You agree that you are solely responsible for any and all tax obligations due to all taxing authorities arising from or in connection with your participation in Amplifinity.

Account Information and Data.

8.1Amplifinity does not own any personal data or information that you submit to be used by Amplifinity to provide any service ("Data"), unless Amplifinity specifically tells you otherwise before you submit it. However, you acknowledge and agree that various individuals and entities may have overlapping rights in and to your Data. As such, Amplifinity has and shall retain all rights, title and interests, including all intellectual property rights, in and to all Data and related databases residing on Amplifinity's servers, including all of your Data which is stored in a form that is not identifiable as yours. Amplifinity may use and disclose your Data in accordance with the Privacy Policy, referenced above.

8.2Amplifinity will not monitor, edit, or disclose any personally identifiable information regarding you or your account, including any Data, without your prior permission except in accordance with these Terms of Use and the Privacy Policy. Please be aware that Amplifinity may provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personal information identifiable as yours. Amplifinity may access your account, including its Data, to respond to service or technical problems or as stated in these Terms of Use.

8.3You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and Amplifinity shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data, or for any actions or omissions which Amplifinity takes in reliance upon your Data.

Third Party Sites and Materials.

9.1Please exercise discretion while browsing the Internet using this Site. You should be aware that when you are on this Site, you could be directed to other sites that are beyond Amplifinity's control. There may be links to other sites from these pages that take you outside of Amplifinity's Site. This includes links from advertisers and sponsors that may use Amplifinity's logo(s) as part of a co-branding agreement. These other sites may send their own cookies to Amplifinity's users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this Site may send cookies to users that Amplifinity does not control. Amplifinity reserves the right to disable links from third party sites to this Site at any time in its sole discretion.

9.2Amplifinity explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from this Site. Amplifinity has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. Amplifinity does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Amplifinity with respect to such sites and third party content. Amplifinity strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any on-line or off-line transaction with any of these third parties.

Compliance with Laws; Prohibited Activities. You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of this Site. Without limiting the foregoing, you shall not use this Site to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (c) transmit or post unlawful, harassing, bigoted, racist, hateful, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit or post any material that may infringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity; (e) transmit or post any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs and cancelbots; (f) interfere with or disrupt servers or networks connected to this Site or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to this Site or computer systems or networks connected to this Site through password mining or any other means; or (h) harass or interfere with another Amplifinity user's use and enjoyment of this Site. In addition, you agree not to use any device, software, or routine, including but not limited to any viruses, worms, time bombs, to interfere or attempt to interfere with the proper working of this Site or any Service, or to intercept any system, data or personal information from this Site, nor will you take any action that imposes an unreasonable or disproportionately large load on this Site's infrastructure.

Disclaimers.

11.1Amplifinity's Services are intended to facilitate programs and referral arrangements. You acknowledge that the person who referred you to this site is typically compensated by a third party for that referral. Neither Amplifinity nor any other organizations or individuals that may promote Amplifinity or this Site, or refer you to Amplifinity or this Site, sponsor, endorse or in any way control other persons or companies that participate in Amplifinity's Services, or the products and/or services offered or provided by such persons and companies. Therefore, registration with Amplifinity or use of the Services should not in any way be construed as sponsorship, endorsement or guaranty by Amplifinity of any other party. You acknowledge and agree that under no circumstances will Amplifinity, its affiliates, or any of their respective shareholders, directors, employees, partners, members, managers, contractors, agents, successors and assigns have any responsibility, liability or obligation with respect to (a) your decision to participate in a referral program through this Site or Services; and/or (b) any products and/or services offered or provided by any third party.

11.2THIS SITE IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE. YOU ACKNOWLEDGE THAT: THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THIS SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THIS SITE MAY BE OR BECOME OUT OF DATE AND AMPLIFINITY MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. AMPLIFINITY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE OR THAT THIS SITE WILL NOT CONTAIN OR INTRODUCE VIRUSES OR OTHER HARMFUL ELEMENTS TO YOUR COMPUTER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMPLIFINITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.

11.3YOUR DECISION TO USE THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK. NEITHER AMPLIFINITY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, EMPLOYEES, PARTNERS, MEMBERS, MANAGERS, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO ANY PROGRAMS YOU PARTICIPATE IN, OR THE RESULTS YOU MAY OBTAIN FROM YOUR PARTICIPATION IN ANY PROGRAM, AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFORE.

11.4NONE OF THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES SHOULD BE INTERPRETED AS BUSINESS OR CONSUMER ADVICE OR AS AN ENDORSEMENT OF A PROGRAM THAT UTILIZES THIS SITE OR SERVICES, AND/OR ANY PRODUCTS AND/OR SERVICES OFFERED OR PROVIDED BY ANY THIRD PARTY. YOU BEAR SOLE RESPONSIBILITY FOR ALL DECISIONS AND RESULTS BASED ON YOUR USE OR RELIANCE ON SUCH INFORMATION.

Covenants Not To Sue; Release; Indemnification.

12.1In your use of this Site, you may enter into correspondence with, purchase products or services from, or participate in promotions of, advertisers, sponsors or other third parties showing their products and/or services through this Site. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable advertiser, sponsor or other third party. Amplifinity shall have no liability, obligation or responsibility for any such correspondence, transaction, exchange, purchase, sale, promotion or other activity conducted between you and any advertisers, sponsors or other third parties. In the event that you have a dispute with, or suffer any harm or injury caused by, one or more such advertisers, sponsors or other third parties, you acknowledge that your sole and exclusive remedies are against such advertisers, sponsors or other third parties. You expressly covenant not to sue or otherwise assert any claim against Amplifinity, its affiliates, or any of their respective shareholders, directors, employees, partners, members, managers, contractors, agents, successors and assigns in connection with such disputes, harm or injury.

12.2In your use of this Site, you may enter into correspondence with, and enter into referral arrangements with other users of this Site. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable user of this Site. Amplifinity shall have no liability, obligation or responsibility for any such correspondence, referral arrangement or other activity conducted between you and any other users of this Site. In the event that you have a dispute with, or suffer any harm or injury caused by, one or more such other users of this Site, including, without limitation, any personal injury or property damage, you acknowledge that your sole and exclusive remedies are against such other users of this Site. You expressly covenant not to sue or otherwise assert any claim against Amplifinity, its affiliates, or any of their respective shareholders, directors, employees, partners, members, managers, contractors, agents, successors and assigns in connection with such disputes, harm or injury.

12.3You hereby knowingly and voluntarily release and forever discharge Amplifinity, its affiliates, and their respective shareholders, directors, employees, partners, members, managers, contractors, agents, successors and assigns (collectively, "Releasees") from any and all claims, liabilities, obligations, actions, causes of action, suits, debts, covenants, controversies, damages, judgments and demands whatsoever in law, equity or any kind, type, or description, whether known or unknown, disputed or undisputed, accrued or unaccrued, liquidated or contingent, foreseen or unforeseen, asserted or unasserted, related to or arising out of any dispute with, any harm or injury (including, without limitation, personal injury or damage to property) caused by, or any other act or failure to act by, any, advertisers, sponsors, other users of this Site and/or any other third parties, including any products and/or services offered or provided by third parties.

12.4You agree to indemnify, defend and hold harmless all Releasees from and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys' fees) that relate to, arise out of or are based upon: (a) any misrepresentation or breach of any warranty, covenant or agreement made by you related to these Terms of Use; or (b) any violation by you of any law, regulation or rule. Amplifinity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations. Amplifinity shall have the right to participate in the defense of all claims as to which it does not assume defense and control, and you shall not settle any such claim without Amplifinity's prior written consent. You also agree to indemnify Amplifinity for any reasonable legal fees or other costs incurred by Amplifinity, acting reasonably, in investigating or enforcing its rights under these Terms of Use.

LIMITATION OF LIABILITY. REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL AMPLIFINITY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, EMPLOYEES, PARTNERS, MEMBERS, MANAGERS, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE OR RESPONSIBLE TO YOU IN CONNECTION WITH THIS SITE, ANY PROGRAM; YOUR USE OF THE SERVICES AND/OR ANY PRODUCT OR SERVICE OFFERED OR PROVIDED BY ANY THIRD PARTY, FOR ANY (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) DIRECT DAMAGES IN AN AMOUNT GREATER THAN FIVE THOUSAND DOLLARS ($5,000 USD). ANY CLAIM RELATED TO THIS SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM.

Termination. These Terms of Use, and your right to access and use this Site, are effective until terminated by either you or Amplifinity. Either you or Amplifinity, by giving the other party notice, may, at any time and with or without cause, terminate these Terms of Use and/or your access to or use of this Site or Services. Upon any termination of these Terms of Use, you shall no longer be entitled to use this Site or Services and all licenses and rights granted to you hereunder shall terminate. Any provision of these Terms of Use that imposes or contemplates continuing obligations on or of a party will survive any expiration or termination of these Terms of Use, including, without limitation, all provisions of these Terms of Use relating to ownership, limitations of liability, indemnification and disclaimers of warranty.

Notice and Procedure for Making Claims of Copyright Infringement.

15.1Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted to the following Amplifinity Designated Agent:

15.2To be effective, the notification must be a written communication that includes the following.

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

15.3Amplifinity may give notice to Amplifinity's users by means of a general notice on this Site, electronic mail to a user's e-mail address on Amplifinity's records, or by written communication sent by first-class mail to a user's address on Amplifinity's records.

Export.

16.1Amplifinity controls and operates this Site from its location(s) in the United States of America. Amplifinity makes no representation that this Site is appropriate or available for use in other locations. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You are expressly prohibited from using or accessing this Site from any location in which this Site and/or any software, Materials and/or Services would violate any law within of that jurisdiction. Any diversion of the software, Materials and/or Services contrary to United States law is prohibited.

16.2Software from this Site may further be subject to United States export controls. No Software from this Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed products; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous.

17.1The relationship between you and Amplifinity is that of independent contractor. No joint venture, partnership, employment, or agency relationship exists between you and Amplifinity as a result of these Terms of Use or your access to this Site. Neither party has the authority to create any obligations for the other, or to bind the other to any representation, statement or document.

17.2Amplifinity shall not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet access, or any other cause which is beyond the reasonable control of Amplifinity, whether or not similar to the foregoing.

17.3Neither the rights nor the obligations arising under these Terms of Use are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect. Amplifinity may assign these Terms of Use without restriction.

17.4If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

17.5In order to ensure consistency in the interpretation and enforcement of these Terms of Use and Amplifinity's rights in this Site, these Terms of Use will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between you and Amplifinity related, in any way, to this Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, Southern Division, and/or the Circuit Court of the County of Washtenaw, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

17.6Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of these Terms of Use.

17.7These Terms of Use are the entire agreement between the parties pertaining to its respective subject matter, and all written or oral agreements, representations, warranties or covenants, if any, previously existing between the parties with respect to such subject matter are canceled. The statements made by Amplifinity on any of this Site or otherwise than in an express provision of these Terms of Use are not representations or warranties and do not create contractual obligations.

17.8The failure of Amplifinity to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Amplifinity in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Use.

17.9Unless otherwise expressly stated in these Terms of Use, all remedies available under or with respect to these Terms of Use (including any right to terminate these Terms of Use granted in these Terms of Use) are cumulative and in addition to all other remedies, if any, available at law or in equity. The exercise of any right to terminate these Terms of Use or suspend access or service granted a party in these Terms of Use shall not result in a breach of these Terms of Use by such party, and neither the exercise of such right nor any consequence thereof shall give rise to or be the basis for any claim by or liability to the other party, whether in contract, tort or otherwise, even if the terminating party was informed or aware of, or otherwise could have anticipated the possibility of, such consequence.

Amplifinity Terms of Use (Canadian Users Only)

THIS WWW.UREFER.COM WEBSITE ("SITE") IS OWNED AND OPERATED BY AMPLIFINITY, LLC, A MICHIGAN, LIMITED LIABILITY COMPANY ("AMPLIFINITY", "WE" OR "US"). THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN AMPLIFINITY AND YOU AND GOVERNS YOUR USE OF THIS SITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY ALL OF THEIR TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU SHOULD DISCONTINUE YOUR USE OF THIS SITE. IN ADDITION, WHEN USING A PARTICULAR SERVICE AND/OR ACCESSING CERTAIN MATERIALS ON OR THROUGH THIS SITE, YOU SHALL BE SUBJECT TO ANY POSTED TERMS OR RULES APPLICABLE TO SUCH SERVICES OR MATERIALS, WHICH ARE IN ADDITION TO THESE TERMS OF USE. ALL SUCH TERMS OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF USE, AND IF YOU DO NOT AGREE WITH THEM YOU SHOULD NOT USE THE SERVICE AND/OR MATERIALS.

Privacy Policy. The Privacy Policy contained on this Site is incorporated in these Terms of Use by reference, but these Terms of Use shall govern any conflict or inconsistency with such Privacy Policy. If you are under the age of 13 you may view the materials on this Site, but if you wish to enter into any transactions on or through this Site or otherwise participate in areas of this Site which require you to enter personal information, you may not do so without the consent of a parent or legal guardian.

Amendments to Terms of Use and Privacy Policy. Amplifinity reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy and/or any of its other policies relating to this Site, at any time in its sole discretion. Amplifinity shall notify you of such changes solely by posting the changes on this Site. You are responsible for regularly reviewing this Site and these Terms of Use regarding such changes. Continued use of this Site after any such changes have been posted shall constitute your agreement to them.

Materials and Services. Through this Site, Amplifinity may make available to you: (a) certain audio and visual resources, text, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through this Site (collectively, "Materials"); and (b) various services operated by Amplifinity, such as Amplifinity's web-based referral and connection services, tools and resources, chat rooms, bulletin boards and other services described in these Terms of Use and/or on this Site (collectively, "Services").

Restrictions; Removal. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in this Site; (b) modify, enhance, adapt, translate, or create derivative works of this Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell this Site; (d) decompile, disassemble or reverse engineer this Site; (e) reproduce or make copies of this Site; (f) "frame" or "mirror" this Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display this Site for any commercial or other money-making purpose. You acknowledge that certain elements of this Site are, or may in the future be, licensed to Amplifinity by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Amplifinity.

Ownership. Amplifinity and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to this Site, and all elements thereof. You neither have nor acquire any rights, title or interests in or to this Site, or any element thereof.

Marks and Logos. "Amplifinity", "uefer.com" and all other names, marks, symbols and logos used in connection with this Site are trademarks of Amplifinity or other third parties (the "Marks"). Amplifinity grants you no license, permission or authorization to reproduce or use any Marks, whether owned by Amplifinity or a third party. You agree not to display, copy, redistribute or use any Marks in any manner for any reason without Amplifinity's prior express written consent.

Registration and Participation.

7.1In order to become a Amplifinity registered user, you must first create an account on this Site. You must be at least eighteen (18) years of age. You may not register more than one account with Amplifinity at any time. To create an account you are required to provide the following contact information, as applicable: name, email address, country, ZIP/postal code, user name and choose a password.

7.2By registering, you represent and warrant to Amplifinity as follows: (a) you have carefully read these Terms of Use (including the applicable Privacy Policy and supplements, if any); (b) you fully understand that these Terms of Use create legally binding obligations on your part; and (c) these Terms of Use have been duly and validly accepted, executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. You further represent and warrant to, and covenant with, Amplifinity that the personal information concerning yourself or third parties which you may provide to Amplifinity under this User Agreement and through the referral tool is being disclosed to Amplifinity with the valid consent of the individuals to whom the Personal Information relates and that such disclosure will not violate any applicable laws, regulations or rules, or third-party rights including, without limitation, publicity, consumer, copyright, trademark, obscenity, defamation, privacy, data protection and anti-spam laws, regulations or rules and that you have obtained the valid consent of the individuals to whom the Personal Information relates for Amplifinity's subsequent use of such information for marketing purposes. You agree to defend, indemnify and hold harmless Amplifinity (and its parent companies, subsidiaries, affiliates, directors, officers, employees and agents) from and against any third-party claims, actions or demands (including, without limitation, costs, damages, reasonable legal and other fees, and the costs of responding to an external privacy investigation or audit) alleging, or resulting from, or in connection with, your misrepresentation under, or breach of, this User Agreement.

7.3As a user of Amplifinity's Services, you will also need to select a Amplifinity name and password. Your Amplifinity name and password will allow you to access and use this Site. In addition, your Amplifinity name will be used to identify you to other members of Amplifinity. For this reason, we suggest that you select a Amplifinity name that does not include any personally identifiable information. Keep your password in a secure place and do not allow any unauthorized persons to access your account using your email address, Amplifinity name or password. You are responsible for all activity that occurs under your user name, password and/or email address. You agree to immediately notify Amplifinity of any unauthorized use of your user name, password or email address or any other security breach. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. Amplifinity cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

7.4Once you are a registered user, you will be able to access and manage your account and communicate with other participants in the Amplifinity Services. In addition, you may provide additional information in the My Account Profile section describing your referral opportunities and contacts. Providing additional information beyond what is required at registration is entirely optional, but enables you to better utilize the Amplifinity application and network. Should Amplifinity suspect that such information is untrue, inaccurate, not current or incomplete, Amplifinity has the right to suspend or terminate your usage of this Site. Amplifinity is entitled to rely on the information you provide and you will be responsible for updating this information to maintain it as current. Amplifinity may, from time to time, set limits on how many referrals you may make in connection with a particular referral program or for any particular Amplifinity client. Currently, the limit is twenty-five (25) referrals for a particular referral program.

7.5In order to invite others to participate in Amplifinity managed referral opportunities, you will enter their names and email addresses. This information will be used by Amplifinity to send your referral opportunity a message that you write. The names and email addresses of people that you invite will be used only to send your opportunity and reminders. You agree that you will make no changes to any default text in any message that you write that is false or misleading. You further agree that you will not use this site or the Services to promote any products or services unaffiliated with Amplifinity, or to make any statement that is defamatory, threatening, obscene, indecent, patently offensive, violative of the proprietary rights of a third party, unlawful, objectionable, or is breach of any privacy, data protection or anti-spam laws which may apply.

7.6You may also choose to manually enter or upload data about your contacts into the private "My Contacts" section of this Site. All information entered there will only be viewable by you and will not be searchable by others in the Amplifinity network without your permission.

7.7All information that you enter or upload about your contacts will be covered by the same terms of the Privacy Policy as cover your own identifiable information.

7.8You agree that you are solely responsible for any and all tax obligations due to all taxing authorities arising from or in connection with your participation in Amplifinity.

Account Information and Data.

8.1Amplifinity does not own any personal data or information that you submit to be used by Amplifinity to provide any service ("Data"), unless Amplifinity specifically tells you otherwise before you submit it. However, you acknowledge and agree that various individuals and entities may have overlapping rights in and to your Data. As such, Amplifinity has and shall retain all rights, title and interests, including all intellectual property rights, in and to all Data and related databases residing on Amplifinity's servers, including all of your Data which is stored in a form that is not identifiable as yours. Amplifinity may use and disclose your Data in accordance with the Privacy Policy, referenced above.

8.2Amplifinity will not monitor, edit, or disclose any personally identifiable information regarding you or your account, including any Data, without your prior permission except in accordance with these Terms of Use and the Privacy Policy. Please be aware that Amplifinity may provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personal information identifiable as yours. Amplifinity may access your account, including its Data, to respond to service or technical problems or as stated in these Terms of Use.

8.3You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and Amplifinity shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data, or for any actions or omissions which Amplifinity takes in reliance upon your Data.

Third Party Sites and Materials.

9.1Please exercise discretion while browsing the Internet using this Site. You should be aware that when you are on this Site, you could be directed to other sites that are beyond Amplifinity's control. There may be links to other sites from these pages that take you outside of Amplifinity's Site. This includes links from advertisers and sponsors that may use Amplifinity's logo(s) as part of a co-branding agreement. These other sites may send their own cookies to Amplifinity's users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this Site may send cookies to users that Amplifinity does not control. Amplifinity reserves the right to disable links from third party sites to this Site at any time in its sole discretion.

9.2Amplifinity explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from this Site. Amplifinity has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. Amplifinity does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Amplifinity with respect to such sites and third party content. Amplifinity strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any on-line or off-line transaction with any of these third parties.

Compliance with Laws; Prohibited Activities. You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of this Site. Without limiting the foregoing, you shall not use this Site to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (c) transmit or post unlawful, harassing, bigoted, racist, hateful, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit or post any material that may infringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity; (e) transmit or post any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs and cancelbots; (f) interfere with or disrupt servers or networks connected to this Site or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to this Site or computer systems or networks connected to this Site through password mining or any other means; or (h) harass or interfere with another Amplifinity user's use and enjoyment of this Site. In addition, you agree not to use any device, software, or routine, including but not limited to any viruses, worms, time bombs, to interfere or attempt to interfere with the proper working of this Site or any Service, or to intercept any system, data or personal information from this Site, nor will you take any action that imposes an unreasonable or disproportionately large load on this Site's infrastructure.

Disclaimers.

11.1Amplifinity's Services are intended to facilitate programs and referral arrangements. You acknowledge that the person who referred you to this site is typically compensated by a third party for that referral. Neither Amplifinity nor any other organizations or individuals that may promote Amplifinity or this Site, or refer you to Amplifinity or this Site, sponsor, endorse or in any way control other persons or companies that participate in Amplifinity's Services, or the products and/or services offered or provided by such persons and companies. Therefore, registration with Amplifinity or use of the Services should not in any way be construed as sponsorship, endorsement or guaranty by Amplifinity of any other party. You acknowledge and agree that under no circumstances will Amplifinity, its affiliates, or any of their respective shareholders, directors, employees, partners, members, managers, contractors, agents, successors and assigns have any responsibility, liability or obligation with respect to (a) your decision to participate in a referral program through this Site or Services; and/or (b) any products and/or services offered or provided by any third party.

11.2THIS SITE IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE. YOU ACKNOWLEDGE THAT: THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THIS SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THIS SITE MAY BE OR BECOME OUT OF DATE AND AMPLIFINITY MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. AMPLIFINITY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE OR THAT THIS SITE WILL NOT CONTAIN OR INTRODUCE VIRUSES OR OTHER HARMFUL ELEMENTS TO YOUR COMPUTER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMPLIFINITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.

11.3YOUR DECISION TO USE THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK. NEITHER AMPLIFINITY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, EMPLOYEES, PARTNERS, MEMBERS, MANAGERS, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO ANY PROGRAMS YOU PARTICIPATE IN, OR THE RESULTS YOU MAY OBTAIN FROM YOUR PARTICIPATION IN ANY PROGRAM, AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFORE.

11.4NONE OF THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES SHOULD BE INTERPRETED AS BUSINESS OR CONSUMER ADVICE OR AS AN ENDORSEMENT OF A PROGRAM THAT UTILIZES THIS SITE OR SERVICES, AND/OR ANY PRODUCTS AND/OR SERVICES OFFERED OR PROVIDED BY ANY THIRD PARTY. YOU BEAR SOLE RESPONSIBILITY FOR ALL DECISIONS AND RESULTS BASED ON YOUR USE OR RELIANCE ON SUCH INFORMATION.

Covenants Not To Sue; Release; Indemnification.

12.1In your use of this Site, you may enter into correspondence with, purchase products or services from, or participate in promotions of, advertisers, sponsors or other third parties showing their products and/or services through this Site. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable advertiser, sponsor or other third party. Amplifinity shall have no liability, obligation or responsibility for any such correspondence, transaction, exchange, purchase, sale, promotion or other activity conducted between you and any advertisers, sponsors or other third parties. In the event that you have a dispute with, or suffer any harm or injury caused by, one or more such advertisers, sponsors or other third parties, you acknowledge that your sole and exclusive remedies are against such advertisers, sponsors or other third parties. You expressly covenant not to sue or otherwise assert any claim against Amplifinity, its affiliates, or any of their respective shareholders, directors, employees, partners, members, managers, contractors, agents, successors and assigns in connection with such disputes, harm or injury.

12.2In your use of this Site, you may enter into correspondence with, and enter into referral arrangements with other users of this Site. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable user of this Site. Amplifinity shall have no liability, obligation or responsibility for any such correspondence, referral arrangement or other activity conducted between you and any other users of this Site. In the event that you have a dispute with, or suffer any harm or injury caused by, one or more such other users of this Site, including, without limitation, any personal injury or property damage, you acknowledge that your sole and exclusive remedies are against such other users of this Site. You expressly covenant not to sue or otherwise assert any claim against Amplifinity, its affiliates, or any of their respective shareholders, directors, employees, partners, members, managers, contractors, agents, successors and assigns in connection with such disputes, harm or injury.

12.3You hereby knowingly and voluntarily release and forever discharge Amplifinity, its affiliates, and their respective shareholders, directors, employees, partners, members, managers, contractors, agents, successors and assigns (collectively, "Releasees") from any and all claims, liabilities, obligations, actions, causes of action, suits, debts, covenants, controversies, damages, judgments and demands whatsoever in law, equity or any kind, type, or description, whether known or unknown, disputed or undisputed, accrued or unaccrued, liquidated or contingent, foreseen or unforeseen, asserted or unasserted, related to or arising out of any dispute with, any harm or injury (including, without limitation, personal injury or damage to property) caused by, or any other act or failure to act by, any, advertisers, sponsors, other users of this Site and/or any other third parties, including any products and/or services offered or provided by third parties.

12.4You agree to indemnify, defend and hold harmless all Releasees from and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys' fees) that relate to, arise out of or are based upon: (a) any misrepresentation or breach of any warranty, covenant or agreement made by you related to these Terms of Use; or (b) any violation by you of any law, regulation or rule. Amplifinity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations. Amplifinity shall have the right to participate in the defense of all claims as to which it does not assume defense and control, and you shall not settle any such claim without Amplifinity's prior written consent. You also agree to indemnify Amplifinity for any reasonable legal fees or other costs incurred by Amplifinity, acting reasonably, in investigating or enforcing its rights under these Terms of Use.

LIMITATION OF LIABILITY. REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL AMPLIFINITY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, EMPLOYEES, PARTNERS, MEMBERS, MANAGERS, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE OR RESPONSIBLE TO YOU IN CONNECTION WITH THIS SITE, ANY PROGRAM; YOUR USE OF THE SERVICES AND/OR ANY PRODUCT OR SERVICE OFFERED OR PROVIDED BY ANY THIRD PARTY, FOR ANY (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) DIRECT DAMAGES IN AN AMOUNT GREATER THAN FIVE THOUSAND DOLLARS ($5,000 USD). ANY CLAIM RELATED TO THIS SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM.

Termination. These Terms of Use, and your right to access and use this Site, are effective until terminated by either you or Amplifinity. Either you or Amplifinity, by giving the other party notice, may, at any time and with or without cause, terminate these Terms of Use and/or your access to or use of this Site or Services. Upon any termination of these Terms of Use, you shall no longer be entitled to use this Site or Services and all licenses and rights granted to you hereunder shall terminate. Any provision of these Terms of Use that imposes or contemplates continuing obligations on or of a party will survive any expiration or termination of these Terms of Use, including, without limitation, all provisions of these Terms of Use relating to ownership, limitations of liability, indemnification and disclaimers of warranty.

Notice and Procedure for Making Claims of Copyright Infringement.

15.1Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted to the following Amplifinity Designated Agent:

15.2To be effective, the notification must be a written communication that includes the following.

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

15.3Amplifinity may give notice to Amplifinity's users by means of a general notice on this Site, electronic mail to a user's e-mail address on Amplifinity's records, or by written communication sent by first-class mail to a user's address on Amplifinity's records.

Export.

16.1Amplifinity controls and operates this Site from its location(s) in the United States of America. Amplifinity makes no representation that this Site is appropriate or available for use in other locations. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You are expressly prohibited from using or accessing this Site from any location in which this Site and/or any software, Materials and/or Services would violate any law within of that jurisdiction. Any diversion of the software, Materials and/or Services contrary to United States law is prohibited.

16.2Software from this Site may further be subject to United States export controls. No Software from this Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed products; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous.

17.1The relationship between you and Amplifinity is that of independent contractor. No joint venture, partnership, employment, or agency relationship exists between you and Amplifinity as a result of these Terms of Use or your access to this Site. Neither party has the authority to create any obligations for the other, or to bind the other to any representation, statement or document.

17.2Amplifinity shall not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet access, or any other cause which is beyond the reasonable control of Amplifinity, whether or not similar to the foregoing.

17.3Neither the rights nor the obligations arising under these Terms of Use are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect. Amplifinity may assign these Terms of Use without restriction.

17.4If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

17.5In order to ensure consistency in the interpretation and enforcement of these Terms of Use and Amplifinity's rights in this Site, these Terms of Use will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between you and Amplifinity related, in any way, to this Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, Southern Division, and/or the Circuit Court of the County of Washtenaw, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

17.6Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of these Terms of Use.

17.7These Terms of Use are the entire agreement between the parties pertaining to its respective subject matter, and all written or oral agreements, representations, warranties or covenants, if any, previously existing between the parties with respect to such subject matter are canceled. The statements made by Amplifinity on any of this Site or otherwise than in an express provision of these Terms of Use are not representations or warranties and do not create contractual obligations.

17.8The failure of Amplifinity to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Amplifinity in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Use.

17.9Unless otherwise expressly stated in these Terms of Use, all remedies available under or with respect to these Terms of Use (including any right to terminate these Terms of Use granted in these Terms of Use) are cumulative and in addition to all other remedies, if any, available at law or in equity. The exercise of any right to terminate these Terms of Use or suspend access or service granted a party in these Terms of Use shall not result in a breach of these Terms of Use by such party, and neither the exercise of such right nor any consequence thereof shall give rise to or be the basis for any claim by or liability to the other party, whether in contract, tort or otherwise, even if the terminating party was informed or aware of, or otherwise could have anticipated the possibility of, such consequence.